SF 1039

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/18/2016 01:26pm

A bill for an act
relating to public safety; motor vehicles; permitting secure electronic storage of
certain records; amending Minnesota Statutes 2014, sections 168.33, subdivision
2; 171.061, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 168.33, subdivision 2, is amended to read:

Subd. 2.

Deputy registrars.

(a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.

(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.

(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.

(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.

(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.

(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.

(g) A corporation governed by chapter 302A or 317A may be appointed a deputy
registrar. Upon application by an individual serving as a deputy registrar and the giving of
the requisite bond as provided in this subdivision, personally assured by the individual or
another individual approved by the commissioner, a corporation named in an application
then becomes the duly appointed and qualified successor to the deputy registrar.

(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.

(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. new text begin As an alternative to paper copy storage, a deputy registrar may retain records
and documents in a secure electronic medium, provided 60 days have elapsed since
the transaction and subject to standards established by the commissioner. The deputy
registrar is responsible for all costs associated with the conversion to electronic records
and maintenance of the electronic storage medium, including the destruction of existing
paper records after conversion to the electronic format. new text end The records and offices of the
deputy registrar must at all times be open to the inspection of the commissioner or the
commissioner's agents. The deputy registrar shall report to the commissioner by the
next working day following receipt all registrations made and taxes and fees collected
by the deputy registrar.

(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing fee,
but the registration tax and any additional fees for delayed registration the deputy registrar
has collected the deputy registrar shall deposit by the next working day following receipt
in an approved state depository to the credit of the state through the commissioner of
management and budget. The place for which the deputy registrar is appointed through its
governing body must provide the deputy registrar with facilities and personnel to carry out
the duties imposed by this subdivision if the deputy is a public official. In all other cases,
the deputy shall maintain a suitable facility for serving the public.

Sec. 2.

Minnesota Statutes 2014, section 171.061, subdivision 3, is amended to read:

Subd. 3.

Application.

An applicant may file an application with an agent. The
agent shall receive and accept applications in accordance with the laws and rules of the
Department of Public Safety for a driver's license, restricted license, duplicate license,
instruction permit, Minnesota identification card, or motorized bicycle operator's permit.
new text begin As an alternative to paper copy storage, an agent may retain records and documents in
a secure electronic medium, provided 60 days have elapsed since the transaction and
subject to standards established by the commissioner. The agent is responsible for all costs
associated with the conversion to electronic records and maintenance of the electronic
storage medium, including the destruction of existing paper records after conversion
to the electronic format.
new text end

Sec. 3. new text begin ELECTRONIC STORAGE STANDARDS.
new text end

new text begin On or before August 1, 2016, the commissioner of public safety shall establish
standards for the conversion by deputy registrars and driver's license agents to secure
electronic storage of certain records under Minnesota Statutes, sections 168.33,
subdivision 2, and 171.061, subdivision 3. The standards must specify minimum system
security requirements, as well as any procedural requirements for the destruction of
existing and new paper-based records, consistent with the requirements of Minnesota
Statutes, section 138.17.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end